Smoking ban inquiries tackled in city Q&A

May 20, 2011

Bob Goosey, Pall Mall in hand, and Ross Brown (right) smoke as they frame a house on East Catalpa Street. "I didn't think it would affect us," Goosey said of the ordinance. According to Springfield's new ordinance, construction workers building a house could smoke inside until the house became fully enclosed. The building then would be an enclosed work site with no smoking allowed according to city legal staff. / Dean Curtis / News-Leader

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Burning questions

Here's a sampling of the information included in a new city Q & A regarding the smoking ban that starts at midnight June 11:Who will enforce the ordinance and how do residents make complaints?The Springfield-Greene County Health Department will enforce the new law, but complaints should be filed with the city's Public Information Office, 864-1010.How many tickets can be issued to one person or business in one day?Normally one a day for a business, but "an inspector could issue both the smoker and the business owner a ticket for each violation."How will complaints against out-of-town company vehicles be handled?Smoking is banned in all work vehicles in city limits, but the Interstate Commerce Clause of the U.S. Constitution bars the city from enforcing the provision against company vehicles that don't maintain a local office.If a private home must be non-smoking (because it is used as a day care, for example), can people smoke in the garage with the garage door open?No. Whether open or closed, temporary or permanent, garage doors and other retractable dividers count as walls if they can fully enclose the space floor-to-ceiling.Can self-employed hair stylists allow smoking in space they rent in a salon?No, because the rented space counts as a private office. An indoor smoking area just for stylists would be off-limits, too, even if customers don't have access.Where must non-smoking signs be posted?No smoking signs (even if only the no-smoking symbol of a cigarette inside a circle with a slash) must be posted on all entrances to a building, including employee-only entrances or back doors.In a building that includes multiple businesses (such as an office building or mall) a sign must be posted on the door of each business or office inside.Because smoking is prohibited in company vehicles within city limits, those must be marked with at least one sign, as well.Business owners must provide their own "no smoking" signs, although One Air Alliance is supplying free signage for both businesses and vehicles. For more information call 417-380-3894.

How-to seminars scheduled

In addition to supplying free "no smoking" signs to Springfield businesses, One Air Alliance is using a grant from the Missouri Foundation for Health to fund a series of free seminars for businesses that must comply with the new law.Two seminars, at noon and 2 p.m., are scheduled Monday at The Library Center, 4653 S. Campbell Ave. Additional sessions will be scheduled in June, according to a news release.The one-hour sessions will include speakers and resource guides to help businesses follow the law, as well as information about local smoking cessation programs for employees and other educational material.Space is limited for the seminars. To RSVP, e-mail lochhaas1013@gmail.com or call 417-380-3894.Additional information is available at www.oneairalliance.com.

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When Springfield's new smoking ordinance takes effect in June, patrons will be able to continue smoking legally on restaurant patios -- even those with roofs -- as long as the walls don't extend to the ceiling on all sides.

Add floor-to-ceiling wind screens, however, and smoking is out, even if all the flaps are raised.

Sound complicated?

The city hopes the answers in an expanded list of frequently asked questions will bring clarity to some of the murkier issues raised by the smoke-free air ordinance approved in April.

The expanded FAQ was drafted by city legal staff and was expected to be posted online today, at www.springfieldmo. gov/smokefree.

City Attorney Dan Wichmer said the FAQ is meant to guide the public as well as Springfield-Greene County Health Department staff charged with enforcing the ban.

It is scheduled to take effect at midnight June 11.

Many of the questions pertain to the division between private residences -- where smoking generally will be allowed -- and enclosed workplaces, where it will be prohibited.

Is someone who telecommutes or works from home prohibited from smoking there?

No, the document says, although it's less clear on the question of whether a home becomes a place of employment when service workers -- such as a housekeeper, plumber or home health care worker -- are present.

"Private residences are exempted from the ordinance unless used as a child care, adult day care, or a health care facility," the document says -- repeating what the ordinance says without offering any insight into what the sentence means.

Pressed for a more direct answer, Wichmer offered an unequivocal "No."

"Even if you hire a home health care worker, it's still a house," he said. Same with hiring a housekeeper or babysitter -- "It's kind of just incidental to you living there."

The difference, Wichmer said, centers on whether a homeowner has hired someone to provide a service at the home, or is employing workers who help the homeowner earn a living. In the latter case, the home likely counts as a place of employment (and may be in violation of city zoning codes, to boot).

In some cases, different answers may apply to different kinds of people -- for example, workers versus tenants -- when determining if a building is a home or place of employment.

At an apartment complex, for example, management could allow tenants to smoke in their own apartments or private balconies, although not in hallways, rec rooms or other common areas.

An apartment complex worker fixing a leak in a smoker's kitchen couldn't legally light up, however, even if invited.

"You can smoke in there because it's a residence," Wichmer said. "For the worker, the entire complex is a job site."